Commonwealth ex rel. Polk v. Sayres
Pennsylvania Court of Common Pleas, Philadelphia County
THIS cause was tried before Stroud, J. It was an action of debt against a constable (Sayres) and his sureties, on his official obligation, dated the 27th of March 1834, and given under the act of assembly of the 29th of March 1824. Purd.
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THIS cause was tried before Stroud, J. It was an action of debt against a constable (Sayres) and his sureties, on his official obligation, dated the 27th of March 1834, and given under the act of assembly of the 29th of March 1824. Purd. Dig. 510, edit, of 1830. The ground of the suit was an alleged injury to Solomon A. Polk, by the constable’s levying upon and selling the goods of James Rolph, which had been pledged to Polk and were then in his possession, after full notice of the claim of Polk, and without tendering him the amount of his lien, under an execution issued by an alderman of the…
1Opinion of the Court
The opinion of the Court was delivered by
Pettit, President.
In the case of Campbell v. The Commonwealth, 8 Serg. & Rawle 414, it was decided in the year 1822 that in a suit on a constable’s bond, taken under the act of the 20th of March 1810, the judgment should be, not for the penalty, but for the damages actually sustained. The question there was, whether, when the act declared the obligation to be “ for the like purposes and uses as sheriff’s bonds are usually given,” the legislature did not intend to designate the remedy as well as the right. The court thought that the remedy was…
2Cases cited2 opinions
- Campbell v. Commonwealth ex rel. FrickSupreme Court of Pennsylvania · 1822
- Evans v. FreySupreme Court of Pennsylvania · 1834